=93As professionals and as leaders =
in our=20
communities, we are all concerned about the health of all =
our=20
citizens and we must take responsibility for ending =
discrimination=20
against people seeking to recover from substance use =
disorders.=20
Addiction is not a moral failing; it is a disease, and a =
significant=20
public health problem.=94

Alfred P. Carlton, Jr. President of the =
ABA, in=20
his testimony to the 2002 =93Join Together=94 project of =
Boston=20
University School of Public =
Health*

When approached to prepare a brief presentation addressing the =
nuances=20
of substance abuse as it regards practice of law in small and solo =
practice, those recent words of enlightenment immediately came to =
mind.=20
The problems relating to alcohol and other drugs, mental =
health, and=20
physical impairments had long been significant factors in =
evaluating=20
clients with criminal, family, and employment related =
problems.However,=20
the incumbent problems, in the abstract, fail to provide =
illumination or=20
even cover when the effects of the behavior belong to the=20
practitioner. The attorney=92s counsel is sought to address =
problems;=20
thought is rarely focused on the personal welfare of the =
practitioner.

The =93Join Together=94 policy panel=92s 2003 comprehensive =
report addresses=20
the some prominent barriers confronting people seeking =
treatment: =20
=93Over 30 percent cited lack of insurance, the cost of treatment, =
or the=20
scarcity of treatment programs; almost 20 percent said they feared =
being=20
fired or facing discrimination at work; and almost 40 percent said =
they=20
were very or fairly concerned that other people would find out =
about their=20
problem.=94

Since 1994 I have been involved with a professional =
organization called=20
=93Colorado Lawyer=92s Health Program=94: CLHP.The organization =
was one of the=20
first =93broad stroke=94 attorney assistance programs to =
organize:with roots=20
reaching the early 1980=92s, CLHP incorporated as a stand-alone, =
not for=20
profit organization, in 1993. During the past ten years I have =
served as a=20
panel member, board member, and until funding was reduced, I =
served as the=20
part-time executive-director of the organization.During my ten =
year=20
association with the organization, I have had the pleasure of =
meeting a=20
fantastic variety of courageous practitioners, judges, and care=20
providers.

Initially obtuse, I began to recognize a pattern of =
characteristics of=20
a disproportional population of attorneys seeking assistance, who =
were in=20
solo practice or small partnerships.Likewise, the breadth of =
situations=20
impairing practice was initially inconceivable and continues to =
evolve:=20
from traditional chemical or alcohol dependence to the emerging =
issues=20
relating to gambling addiction, and sexual addictions.

The ABA Commission on Lawyer Assistance Programs, under the =
tireless=20
direction of Donna Spillis, has recognized and addressed the =
unspoken=20
demons of the profession since 1986. The commission history notes =
that=20
while approximately ten percent of the American population has =
substance=20
abuse issues, comparative statistics demonstrate that fifteen to =
eighteen=20
per cent of the attorney=92s and judges may suffer the same =
issues. ABA=20
commission notes: =93Because many lawyers and judges are =
overachievers who=20
carry an enormous workload, the tendency to =91escape=92 from =
daily problems=20
through the use of drugs and alcohol is prevalent in the legal =
community.=20
Also, the daily pressures placed on these men and women can lead =
to=20
inordinate amounts of stress and mental illness.=94Most would =
agree that the=20
search for the illusive search for the billable hour, or the =
absolutely=20
satisfied client or judge may greatly influence pressures on the =
most=20
talented practitioner; however, it fails to demonstrate why =
equally=20
stressful activities do not appear to trigger the same type of =
dependency=20
in solo practice.

The Talbott Recovery Campus in Atlanta has identified six =
critical=20
characteristics unique to attorney and judge perceptions which =
greatly=20
influence the recovery process:

6. Need for continuing care: affiliation with =
recovering professionals, and support and advocacy from treating =
facility=20
on an ongoing basis

Despite Dr.Talbott=92s insightful analysis, his assessment =
fails to=20
differentiate between the large firm practitioners, and the =
independent=20
small firm or solo practitioner. In testimony before the =93Join =
Together=94=20
Policy Panel, former First Lady, and champion of recovery, Betty =
Ford=20
noted:

As a recovering woman, I have personally =
suffered=20
the scorn of others who are confused, bitter and misled =
about=20
addiction.I still today sometimes get the reaction of how =
could a=20
nice person like me be an alcoholic.It is hard not to take =
it=20
personally when I read public opinion polls of both =
professionals=20
and the general public who believe addiction to be a moral =
weakness=20
rather than a disease. How could people still believe this =
in the=20
year 2002?

Certainly stigma plays a role in seeking treatment, but it does =
not=20
explain why the disparity between types of attorneys or =
judges.Despite=20
reading, statistics, reports and guides from a myriad of sources, =
it is=20
difficult to assess exactly why a solo practitioner would be more =
prone to=20
addiction or mental illness.As a neophyte in the Lawyer Assistance =
Program=20
administration the vulnerability of the solo practitioner seemed =
to be=20
fueled by some intangible element that makes a solo practice =
=93different=94.=20

While serving as a director of CLHP I was invited to attend a=20
facilitated peer assistance meeting for =93allied=94 professionals =
outside the=20
Denver metropolitan area. At that meeting I was impressed with the =
number=20
of medical professionals who shared their recovery history: many =
had=20
felony convictions. This was a significant and distinctive =
difference than=20
the attorney=92s groups I was familiar with: while many problems =
had been=20
exposed by misdemeanor offenses, a felony conviction was expulsion =
from=20
the profession. Upon reflection, I realized that two factors =
contributed=20
to the divergence of experience between professions: availability =
of=20
controlled substance, and the Federal accountability of the =
substance.=20
With the FDA providing a =93supervisory=94 role, the medical =
practitioners=20
were =93nudged=94 into treatment when audits revealed their =
=93secret=94:=20
attorneys police themselves.

On the flight back to Denver, I mulled over the possibility of =
merging=20
professions in peer assistance programs. While recognizing the=20
similarities of recovery, one recurring dissention that haunts =
attorney=20
peer support is the divisive nature of the substance being =
abused: =20
merging addiction to alcohol with addiction to illicit substances, =
often=20
leads to heated debate and discussion among attorneys.A former =
federal=20
agent who attended peer support meetings, blamed much of her abuse =
of=20
alcohol on the fact that it was the only =93escape=94 that was =
legal=20
and available. In mentally reconciling the =
experiences, I=20
came to realize that opportunity is a salient feature of =
addictive=20
behavior: this factor is accentuated in the solo or small firm=20
practice.

The solo practitioner operates in a vacuum of isolation: =
responsible=20
for the legal woes of clients, supervision is minimal or=20
non-existent. When factored with Dr. Talbott=92s =
characteristics=20
of attorneys that influence recovery, this unsupervised =
opportunity makes=20
the solo or small practice attorney particularly vulnerable to =
becoming=20
compulsive in seeking and using alcohol or other drugs. =
Often the=20
behavior problem can be hidden: he=92s in court; she=92s preparing =
a brief;=20
that attorney is attending a seminar. All are routine =
=93lawyer=20
activities=94; all provide a plethora of excuses for behavior that =
would not=20
be tolerated in a public workplace.

It is beyond the scope of this project to offer an extensive =
list of=20
resources available for attorney=92s struggling with personal=20
difficulties. However, almost every bar association in the =
United=20
States and Canada has recognized the problem and adopted =
assistance=20
programs to address situations of crisis, as well as pioneering=20
educational elements to prophylactically affect the legal =
community. =20
Web-links to most Lawyer Assistance Programs can be located at the =
ABA=20
CoLap Web-site: http://www.abanet.org/legalservices/colap.

*Join Together, founded in 1991 by a grant from The Robert Wood =
Johnson=20
Foundation to the Boston University School of Public Heal, =
supports=20
community-based efforts to reduce substance abuse and gun=20
violence. All references, quotes, and comments are provided =
with=20
express permission.Join Together. Ending Discrimination Against =
People=20
with Alcohol and Drug Problems: Recommendations from a =
National=20
Policy Pane. Boston, MA: Join Together, BostonUniversity =
School of=20
Public Health. 2003.

Chapter 52 =93Lawyer Assistance Programs=94 published in =
Flying=20
Solo, Fourth Edition, 2005. =
Reproduced with=20
permission. All rights reserved. This information =
or any=20
portion thereof may not be copied or disseminated in any =
form or by=20
any means or stored in an electronic database or retrieval =
system=20
without the express written consent of the American Bar=20
Association.